Last Updated: 17 March 2026

1. ACCEPTANCE OF THESE TERMS

These Terms of Service govern access to and use of Skwaddy®, including our websites, mobile applications, and related services (collectively, the “Service”). The Service is operated by Blue Pentagon Consulting (Pty) Ltd, trading as Skwaddy, a South African company (“Skwaddy”, “we”, “us”, or “our”). Skwaddy is a registered trademark of Blue Pentagon Consulting (Pty) Ltd. Certain features of the Skwaddy platform are the subject of pending patent applications.

By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of another person or organisation, you represent that you have authority to bind that person or organisation to these Terms.

Certain features may be subject to additional terms, guidelines, or policies. If so, those additional terms will apply to the relevant feature to the extent permitted by law.

2. ELIGIBILITY AND ACCOUNTS

You must be at least 18 years old and legally capable of entering into a binding agreement to create an account or use the Service as a registered user.

The Service is intended for adults coordinating social activities, family activities, invitations, and related interactions. Children may not create accounts or use the Service directly as account holders.

You must provide information that is accurate enough for us to operate the Service and you must keep your account credentials secure. You are responsible for activity that occurs through your account unless prohibited by applicable law.

3. YOUR USE OF THE SERVICE

You may use the Service only in compliance with applicable law and these Terms. You remain responsible for your conduct, your decisions, your interactions with other users, and any activity involving a dependent, guest, or third party that you add to or coordinate through the Service.

4. PROHIBITED CONDUCT

You must not misuse the Service, interfere with its operation, attempt unauthorised access, infringe the rights of others, submit unlawful or harmful content, impersonate another person, use the Service for fraud, or use automated means to access the Service except as we expressly allow.

You must not use the Service in a way that endangers children or other vulnerable persons, or in connection with exploitation, abuse, grooming, trafficking, harassment, threats, or any similar conduct.

We may determine, acting reasonably and where permitted by law in our sole discretion, whether conduct or content violates these Terms, our policies, or applicable law.

5. CHILD SAFETY

Child safety is a core requirement of the Service. You must have all permissions and authority required to provide information about a child or other dependent through the Service.

We may remove content, restrict features, suspend accounts, preserve records, and make reports to authorities or child-safety organisations where we believe it is necessary or appropriate to comply with law, protect users, investigate suspected abuse, or prevent harm.

If you believe a child or any person is in immediate danger, contact emergency services or the relevant local authority first.

6. USER CONTENT

You retain ownership of content you submit to the Service, subject to the rights you grant us in these Terms.

You grant Skwaddy a non-exclusive, worldwide, royalty-free, sublicensable, transferable licence to host, store, reproduce, adapt, transmit, display, and otherwise use your content as reasonably necessary to operate, secure, improve, enforce, and provide the Service, and to comply with legal obligations. This licence ends when the content is deleted from our active systems, except to the extent retention is permitted or required by law, backup processes, dispute preservation, or enforcement needs.

You are responsible for ensuring that you have all rights, permissions, and consents needed for the content you submit and for any personal information of others that you choose to provide through the Service.

7. INTELLECTUAL PROPERTY

The Service, including its software, design, text, graphics, branding, and other materials, is owned by or licensed to Skwaddy and is protected by applicable intellectual property laws.

All trademarks, service marks, logos, and trade names displayed on or in connection with the Service are the registered or unregistered marks of Blue Pentagon Consulting (Pty) Ltd. You may not use, copy, or display any Skwaddy trademark, logo, or trade name without our prior written consent. Nothing in these Terms grants you any right or licence to use our intellectual property except as expressly stated. Unauthorised use of any Skwaddy trademark or patented technology may give rise to a claim for damages and constitute a criminal offence under applicable law.

Except for the limited right to use the Service in accordance with these Terms, no rights are granted to you. You must not copy, modify, distribute, reverse engineer, or create derivative works from the Service except as allowed by law or with our written permission.

If you provide feedback, suggestions, or ideas, we may use them without restriction or compensation, unless applicable law requires otherwise.

8. PRIVACY

Our Privacy Policy, available at https://www.skwaddy.com/privacy, explains how we collect, use, disclose, and otherwise process personal information. By using the Service, you acknowledge that your information will be handled as described in the Privacy Policy, subject to applicable law.

Where consent is required by law for a particular activity, we will rely on your consent for that activity. In other cases, we may process information on other lawful grounds described in the Privacy Policy.

9. THIRD-PARTY SERVICES AND CONTENT

The Service may include or rely on third-party services, integrations, links, or content. We do not control third-party services and are not responsible for their separate terms, policies, availability, or practices.

Your dealings with third parties are solely between you and the relevant third party unless applicable law provides otherwise.

10. FEES, PURCHASES, AND PROMOTIONS

The Service offers both free and paid features, including in-app purchases. Where applicable, pricing, billing intervals, renewal terms, refund rights, and purchase conditions will be presented to you at or before the point of purchase or as otherwise required by law.

We may introduce, modify, or discontinue fees or paid features from time to time, subject to applicable law and any platform billing rules. Any updated pricing will apply prospectively.

App-store operators and payment processors may apply their own terms to purchases made through their platforms.

11. SUSPENSION AND TERMINATION

You may stop using the Service or delete your account at any time. Account deletion is available through the in-app account settings, at https://www.skwaddy.com/delete-account, or by contacting support@skwaddy.com.

We may suspend, restrict, or terminate access to the Service, or remove content, if we believe this is necessary or appropriate to protect the Service, protect users, investigate misconduct, comply with law, address risk, or enforce these Terms.

Where required by law, we will provide notice or a reason. We are not required to keep the Service or any feature available indefinitely.

After termination, provisions that by their nature should survive will survive, including provisions relating to intellectual property, licences, disclaimers, limitation of liability, indemnity, dispute resolution, and compliance.

12. DISCLAIMERS

The Service is provided on an “as is” and “as available” basis to the maximum extent permitted by law. We do not guarantee that the Service will always be available, uninterrupted, secure, error-free, or suitable for your purposes.

The Service is a coordination and communication tool only. We do not supervise users, verify all user statements, guarantee the behaviour of any user or third party, or guarantee outcomes for meetings, events, invitations, or relationships formed through the Service.

Nothing in these Terms excludes warranties or rights that cannot be excluded under applicable law.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Skwaddy and its affiliates, officers, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or opportunity arising from or relating to the Service or these Terms.

To the maximum extent permitted by law, our aggregate liability for claims arising out of or relating to the Service or these Terms will not exceed the greater of the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or the minimum amount required by applicable law.

These limitations apply to the fullest extent permitted even if a remedy fails of its essential purpose.

14. INDEMNITY

To the extent permitted by law, you will indemnify and hold harmless Skwaddy and its affiliates, officers, employees, contractors, licensors, and service providers from claims, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your content, your misuse of the Service, your breach of these Terms, or your violation of law or the rights of another person.

15. CHANGES TO THE SERVICE OR THESE TERMS

We may modify the Service, these Terms, or related policies from time to time. We will provide notice where required by law. The updated Terms will apply from the effective date stated in the updated version.

If you continue to use the Service after updated Terms take effect, you agree to the updated Terms to the extent permitted by law. If you do not agree, you must stop using the Service.

16. GOVERNING LAW AND DISPUTES

Unless mandatory law in your place of residence provides otherwise, these Terms are governed by the laws of South Africa, excluding conflict-of-laws rules.

16.1 Informal Resolution

You and Skwaddy agree to try to resolve disputes informally first by contacting the other party with a description of the issue and the relief sought.

16.2 Arbitration

If a dispute is not resolved informally, either party may refer it to binding arbitration administered by the Arbitration Foundation of South Africa (AFSA), or its successor, under its applicable rules. The arbitration will be conducted before a single arbitrator, in English, in Johannesburg, South Africa, unless otherwise agreed or required by mandatory law. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.3 Class Action Waiver

To the maximum extent permitted by law, you and Skwaddy each agree to bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative action.

16.4 Injunctive Relief

Nothing in this section limits either party’s right to seek urgent injunctive or equitable relief where available.

16.5 Costs

Each party bears its own costs in any dispute resolution proceeding. Either party may recover reasonable legal costs from the other to the extent awarded by the arbitrator or court under applicable law.

17. APP STORE TERMS

If you download the app through Apple’s App Store or Google Play, you acknowledge that Apple and Google are not parties to these Terms and that their platform terms may also apply to your use of the app.

To the extent required by a platform operator, the licence granted to you is limited to a non-transferable right to use the app on a device that you own or control and as permitted by the platform’s usage rules.

17.1 Apple App Store

If you access the Service through the Apple App Store, the following additional terms apply:

(a)            These Terms are between you and Skwaddy only, not with Apple Inc. (“Apple”). Apple is not responsible for the Service or its content.

(b)            Apple has no obligation to provide any maintenance or support services for the Service.

(c)            In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Service. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service.

(d)            Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and use of the Service, including but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

(e)            In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Skwaddy, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.

(f)               Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

(g)             You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

17.2 Google Play Store

If you access the Service through the Google Play Store, the following additional terms apply:

(a)            These Terms are between you and Skwaddy only, not with Google LLC (“Google”). Google is not responsible for the Service or its content.

(b)            Google has no obligation to provide any maintenance or support services for the Service.

(c)            Google is not responsible for addressing any claims by you or any third party relating to the Service.

(d)            Your use of the Service must comply with the Google Play Terms of Service.

(e)            Google is a third-party beneficiary of these Terms and may enforce these Terms against you.

17.3 General App Store Provisions

Regardless of which platform you use to access the Service:

(a)            In-app purchases are subject to the refund policies of the applicable app store.

(b)            You must comply with any applicable third-party terms of agreement when using the Service.

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms referenced in these Terms, constitute the entire agreement between you and Skwaddy regarding the Service and supersede all prior agreements, understandings, and communications on the subject matter.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

18.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Skwaddy may assign these Terms without your consent, including in connection with a merger, acquisition, reorganisation, or sale of assets.

18.5 No Third-Party Beneficiaries

Except as expressly stated in Section 17 (App Store Terms), these Terms do not create any third-party beneficiary rights.

19. CONTACT

Questions, notices, or legal requests relating to these Terms may be sent to:

•                   Blue Pentagon Consulting (Pty) Ltd, trading as Skwaddy

•                   Cedarwood House, Ballywoods Office Park

•                   33 Ballyclare Drive, Bryanston

•                   Gauteng, 2191, South Africa

•                   support@skwaddy.com / privacy@skwaddy.com

By creating an account or using the Service, you acknowledge that you have read and agreed to these Terms of Service.